Main Story
  • Breaking New Legal Ground. Botswana on the rise in the protection of LGBTQI+ rights
    Botswana’s jurisdiction is well-known for its past ground-breaking decisions and thereby courageous commitment to protect human rights[1]. With the recent decision “Letsweletse Motshidiemang v The Attorney-General (LEGABIBO as amicus curiae)” Botswana’s jurisdiction has once more broken new legal grounds for the country and beyond. In 2019, the High Court of Botswana declared Art. 164 (a) and (c) as well as 165 of the Penal Code of Botswana unconstitutional and thereby ruled the decriminalisation of consensual same-sex sexual acts between adults.[2] On 29 November…
  • The Wheels of Change of Constitutional Law and Constitutionalism in Africa – The BBI Court of Appeal Judgment in Kenya
    ANALYSIS Jan Maina 07 January 2022 The Kenyan Constitutional Civil Appeal Case of Independent Electoral and Boundaries Commission & 4 others v David Ndii & 82 others[2021] commonly referred to as the Building Bridges Initiative (BBI) judgement, certainly impacts the constitutional jurisprudence within Kenya and Africa at large[1]. By declaring a presidential constitutional amendment unconstitutional in August 2021, the feisty Kenyan judiciary, that has been known to hold the highest independence in the region, again follows its pioneering spirit already demonstrated by overturning…
  • Beyond Celebration – The Search for Possible Pathways in the Protection of LGBTQI+ Rights
    COMMENT Isabelle Zundel 23 December 2021 It’s international human rights month! For sure, this is a reason to celebrate the hard-fought advancements of the last decades as well as the resultant international legal framework that aims to promote and protect human rights all over the world. However, it also opens up the possibility to have a closer look and identify possible pathways in the legal and institutional frameworks to bring actual change and protection for marginalised groups. The world, and especially Africa, does…
  • Curbing Illicit Financial Flows for Realization of the Right to Development in Burundi
    ANALYSIS Ange-Dorine Irakoze 23 December 2021 Illicit financial flows (IFFs) are an international concern since they are inimical to the right to development provided in the UDHR, ICCPR and ICSECR. (1)  Further, IFFs run afoul the spirit of the UN Declaration on the Right to Development 1986, 2030 Agenda for Sustainable Development and UN Sustainable Development Goals and applicable African regional laws. The concern has been replicated by State levels who are now increasingly combatting IFFs by providing means of enforcement of the…
Politics
  • Is Civil War Coming to Somalia?
    COMMENT René Brosius 28 April 2021 The conflict over elections in Somalia[1] , which has been ongoing since last summer, has reached the next stage of escalation. Internationally mediated talks between the government, whose term has constitutionally expired[2] and the National Salvation Council (NSC), consisting of the presidential candidates, the prime ministers of Jubbaland and…
  • Somalia vs. Kenya – The maritime border dispute
    COMMENT René Brosius 09 April 2021 Somalia and Kenya do not have a tension-free relationship. Many reasons for this lie in the conflict-ridden history. The border between the two countries is a disputed colonial legacy. Large ethnic Somali minorities still live on Kenya’s territory, especially in the so-called North Eastern Province. The majority of the…
  • Encouraging Renewable Energy Deployment in Kenya – Analysing the Legal and PoliticalTools
    ANALYSIS Hannah Kadner 12 March 2021 Kenya 2030 – a mission (almost) accomplished. A mission designed to address the issue of insufficient energy supply in the East African country. Considering that Kenya is a so-called developing country (ranking 147th of 189 on the Human Development Index, in 2019) this aim of Kenya`s former president Mwai…
Human Rights
  • Curbing Illicit Financial Flows for Realization of the Right to Development in Burundi
    ANALYSIS Ange-Dorine Irakoze 23 December 2021 Illicit financial flows (IFFs) are an international concern since they are inimical to the right to development provided in the UDHR, ICCPR and ICSECR. (1)  Further, IFFs run afoul the spirit of the UN Declaration on the Right to Development 1986, 2030 Agenda for Sustainable Development and UN Sustainable…
  • Women and their Access to Land – Gender Discrimination in Rwanda’s Land Law
    ANALYSIS Lisa Strube 10 December 2021 In Rwanda, great progress has been made in recent years, especially in the area of gender discrimination policy. When it comes to land rights, however, gender discrimination still poses a problem. If we look at Rwandan land law, we realize that land ownership was predominantly reserved for men in…
  • Celebrating African Human Rights Day
    COMMENT Prof. Dr. Thoko Kaime, Lena Scheibinger, Isabelle Zundel 21 October 2021 As we celebrate African Human Rights Day today; we look back at one of the most innovative human rights documents in the world: the African Charter on Human and Peoples’ Rights. Whilst the standards laid out in this document have led to a…
Elections
  • Light and Shadow in Somalia – How Ahlu Sunna Waljama’a and the Elections are Connected
    ANALYSIS René Brosius 12 November 2021 The latest news from Somalia could not be contradictory. On the one hand, the first democratic “one person, one vote” elections since 1969 took place in Puntland, the semi-autonomous state in north-eastern Somalia, on 25 October 2021; on the other hand, there was bloody fighting in central Somalia. Admittedly,…
  • House of Cards in Villa Somalia
    ANALYSIS René Brosius 17 September 2021 In April 2021, after Somalia was on the brink of civil war, it seemed for a long time that the solution would be found in a tough (s)election process. The May 27, 2021 agreement and Prime Minister Roble’s timetable presented at the end of June stipulated that this process…
  • Insights and Additional Information on the Socio-Legal Discourse around Anti-Racism
    Intersectionality as a Key Concept for the Protection Against Multiple Discrimination The concept of intersectionality takes into account the interpenetration of various identity categories like race, gender, class, sexuality and disability as well as the structural interlocking of multiple forms of oppression like racism, sexism, classism and heterosexism by using an analogy to traffic: “Discrimination,…

YOUNG PLASTICS

  • Advocating Against Plastic Waste in Malawi
    Malawi faces significant challenges in dealing with rising levels of waste, despite producing less waste than wealthier nations. In 2019, Lilongwe, the capital city of the country was producing approximately 250 metric tonnes of waste per day and the commercial city of Blantyre was producing 300 tonnes of waste per day, respectively (Hastings M’bawa, 2019). …
  • Legal Interventions of African Countries to Reduce Single-Use Plastics – Are the Laws Enough?
    COMMENT Isabelle Zundel 30 August 2021 The increase of tragic natural disasters in intensity and frequency is proof of the immense challenge climate change displays. One of many contributing factors to climate change is the pollution and destruction of the environment through single-use plastic waste (SUP). The impacts are manifold and range from threatening terrestrial…
  • Tackling the Problem of Plastic Pollution in Malawi through the Environmental Management Act (2017)?
    ANALYSIS Lena Scheibinger 12 May 2021 Following some pioneering initiatives in the neighbouring East African Community,[i] the government of Malawi imposed a ban on thin plastic bags in March 2015.[ii] However, this progressive move of the Ministry of Natural Resources, Energy and Mining was overturned by the High Court after a number of plastic manufacturers…